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Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky

American Indian Law Review

No abstract provided.

Preserving Indian Preference For Native American Self-Governance, Freya Ray

American Indian Law Review

No abstract provided.

Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle

University of Colorado Law Review

Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …

A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa

UNLV Gaming Law Journal

When the Indian Reorganization Act1 (“IRA”) was passed in 1934, it officially defined an “Indian” as a member of a recognized tribe “now under federal jurisdiction.” For nearly three-quarters of a century, this definition of an Indian and an Indian tribe — hallmarked by the four-word phrase “now under federal jurisdiction” — guided federal policy and agency action on a host of matters, including management of federal lands, land-into-trust acquisitions made on behalf of tribes, and — after 1988 — application of the Indian Gaming Regulatory Act (“IGRA”).

In February 2009, however, the United States Supreme Court upended seventy-five years …

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden

Michigan Journal of Gender & Law

This Article outlines the particular cultural characteristics giving rise to traditional berdachism, the means by which American policies fostered their decline, and the Navajo tribal courts' re-infusion of these characteristics into contemporary jurisprudence. By tracking the interplay between the traditional values of child autonomy, gender equality, and tribal collectivism, the rise, fall and potential reemergence of the berdache tradition can be analyzed as resulting from shifts in its determinative cultural elements.

Progressing Back: A Tribal Solution For A Federal Morass, James T. Hamilton

American Indian Law Review

No abstract provided.

The Land Must Hold The People: Native Modes Of Territoriality And Contemporary Tribal Justifications For Placing Land Into Trust Through 25 C.F.R Part 151, Padraic I. Mccoy

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco

American Indian Law Review

No abstract provided.

Tribal Sovereignty: Alaskan Native Exercise Of Sovereign Powers, David Blurton

American Indian Law Review

No abstract provided.

The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem

American Indian Law Review

No abstract provided.

Taxation: State Possessory Interest Tax, Patrick E. Powers Jr.

American Indian Law Review

No abstract provided.

Educational Assistance And Employment Preference: Who Is An Indian?, Karl A. Funke

American Indian Law Review

No abstract provided.

Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review

Michigan Law Review

The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …